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STATUTORY INSTRUMENTS


2007 No. 1898

MENTAL CAPACITY, ENGLAND & WALES

The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007

  Made 22nd June 2007 
  Laid before Parliament 4th July 2007 
  Coming into force 1st October 2007 

The Lord Chancellor makes the following Order, in exercise of the powers conferred upon him by section 67(3) of the Mental Capacity Act 2005[1].

Citation and commencement
     1. This Order may be cited as the Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007, and comes into force on 1 October 2007.

Interpretation
    
2. In this Order—

Proceedings begun in the High Court before 1 October 2007
    
3. —(1) This article applies to any proceedings about P's personal welfare begun in the High Court before 1 October 2007 in respect of which the Court of Protection would, but for this article, have jurisdiction on and after that date under section 16 of the Act.

    (2) The proceedings may continue to be dealt with, until they are finally decided, in accordance with the arrangements existing immediately before 1 October 2007.

    (3) For the purposes of paragraph (2), an application is finally decided when it is determined and there is no possibility of the determination being reversed or varied on an appeal.

    (4) In dealing with proceedings under this article, the High Court retains all the powers and jurisdiction in relation to any matter that is the subject of the proceedings that it had immediately before the commencement of the Act.

    (5) In this article—

Senior Judge of the Court of Protection
    
4. The person who, immediately before the commencement of Part 2 of the Act, holds the office of Master of the Court of Protection[2], shall be treated as—

Advance decisions to refuse life-sustaining treatment
     5. —(1) An advance decision refusing life-sustaining treatment shall be treated as valid and applicable to a treatment and does not have to satisfy the requirements mentioned in paragraph (3) if the conditions in paragraph (2) are met.

    (2) The conditions that must be met are that—

    (3) The requirements that do not have to be satisfied are as follows—

    (4) In this article, "advance decision" has the meaning given in section 24(1) of the Act.

Minor and consequential amendments
    
6. Schedule 1 contains minor and consequential amendments.



Signed by authority of the Lord Chancellor


Catherine Ashton
Parliamentary Under-Secretary of State Ministry of Justice

22nd June 2007



SCHEDULE 1
Article 6



MINOR AND CONSEQUENTIAL AMENDMENTS

Trustee Savings Bank Life Annuity Regulations 1930
     1. In regulation 16(2) of the Trustee Savings Bank Life Annuity Regulations 1930[
3]—

Savings Contract Regulations 1969
     2. —(1) The Savings Contract Regulations 1969[4] are amended in accordance with this paragraph.

    (2) In regulation 2(1) (interpretation), omit the entries for "mentally disordered person" and "receiver" and, in the appropriate alphabetical position, insert—

    (3) In regulation 7 (payment in case of mentally disordered persons)—

    (4) In regulation 12 (persons under disability)—

    (5) In regulation 27 (application to Scotland)—

    (6) In regulation 28(2) (application to Northern Ireland)—

    (7) In regulation 29(2)(a) (application to the Isle of Man), for "receiver in relation to a mentally disordered person" substitute "deputy in relation to a person who lacks capacity".

    (8) In regulation 30 (application to the Channel Islands)—

Pensions Increase (Judicial Pensions) Regulations 1972
     3. In paragraph 9 of the Schedule to the Pensions Increase (Judicial Pensions) Regulations 1972[5], omit the reference to a Master of the Court of Protection except in the case of a person holding that office immediately before the commencement of this paragraph or who had previously retired from that office or died.

National Savings Bank Regulations 1972
     4. —(1) The National Savings Bank Regulations 1972[6] are amended in accordance with this paragraph.

    (2) In regulation 2(1) (interpretation), omit the entries for "mentally disordered person" and "receiver" and, in the appropriate alphabetical position, insert—

    (3) In regulation 7 (mentally disordered persons)—

    (4) In regulation 8(4)(c) (joint accounts)—

    (5) In regulation 9(4) (trust accounts)—

    (6) In regulation 37(1)(b) (payment under nomination)—

    (7) In regulation 45 (persons under disability)—

    (8) In regulation 57(2)(a) (application to the Isle of Man), for "receiver in relation to a mentally disordered person" substitute "deputy in relation to a person who lacks capacity".

    (9) In regulation 58 (application to the Channel Islands)—

Premium Savings Bond Regulations 1972
     5. —(1) The Premium Savings Bond Regulations 1972[7] are amended in accordance with this paragraph.

    (2) In regulation 2(1) (interpretation), omit the entries for "mentally disordered person" and "receiver" and, in the appropriate alphabetical position, insert—

    (3) In regulation 4 (persons entitled to purchase and hold bonds)—

    (4) In regulation 10 (payment in case of mentally disordered persons)—

    (5) In regulation 16 (persons under disability)—

    (6) In regulation 31 (application to Scotland)—

    (7) In regulation 32(2) (application to Northern Ireland)—

    (8) In regulation 33(2)(a) (application to the Isle of Man), for "receiver in relation to a mentally disordered person" substitute "deputy in relation to a person who lacks capacity".

    (9) In regulation 34 (application to the Channel Islands)—

National Savings Stock Register Regulations 1976
     6. —(1) The National Savings Stock Register Regulations 1976[8] are amended in accordance with this paragraph.

    (2) In regulation 2(1) (interpretation), omit the entries for "mentally disordered person" and "receiver" and, in the appropriate alphabetical position, insert—

    (3) In regulation 31 (persons under disability)—

    (4) In regulation 59 (application to Scotland)—

    (5) In regulation 60(2) (application to Northern Ireland)—

    (6) In regulation 61(2)(a) (application to the Isle of Man), for "receiver in relation to a mentally disordered person" substitute "deputy in relation to a person who lacks capacity".

    (7) In regulation 62 (application to the Channel Islands)—

Motor Vehicles (Tests) Regulations 1981
     7. In regulation 9(1)(c) (cessations: general) of the Motor Vehicles (Tests) Regulations 1981[9], for the words from "patient" to "Mental Health Act 1983" substitute "person who lacks capacity (within the meaning of the Mental Capacity Act 2005 (c.9)) to carry on the activities covered by the authorisation".

The Mental Health Review Tribunal Rules 1983
     8. For rule 7(c) (notice to other persons interested) of the Mental Health Review Tribunal Rules 1983[10], substitute—

Savings Certificates (Yearly Plan) Regulations 1984
     9. —(1) The Savings Certificates (Yearly Plan) Regulations 1984[11] are amended in accordance with this paragraph.

    (2) In regulation 2 (interpretation), omit the entries for "mentally disordered person" and "receiver" and, in the appropriate alphabetical position, insert—

    (3) In regulation 4(2)(b) (persons entitled to enter into agreements and to hold certificates), for "mentally disordered person, by his receiver" substitute "person who lacks capacity, by his deputy".

    (4) In regulation 5(2) (maximum payments), for "mentally disordered person" substitute "person who lacks capacity".

    (5) In regulation 8 (repayment in case of persons under 7 years of age and mentally disordered persons)—

    (6) In regulation 9(1)(a) (repayment in case of joint trustees)—

    (7) In regulation 10(1)(a) (repayment in case of certificate held by person jointly)—

    (8) In regulation 18 (persons under disability)—

    (9) In regulation 33 (application to Scotland)—

    (10) In regulation 34(2) (application to Northern Ireland)—

    (11) In regulation 35(2)(a) (application to the Isle of Man), for "receiver in relation to a mentally disordered person" substitute "deputy in relation to a person who lacks capacity".

    (12) In regulation 36 (application to the Channel Islands)—

Road Vehicles (Construction and Use) Regulations 1986
     10. In paragraph 5(1)(c) of Part 1 of Schedule 3B (authorised sealers) to the Road Vehicles (Construction and Use) Regulations 1986[12], for the words from "patient" to "Mental Health Act 1983", substitute "person who lacks capacity (within the meaning of the Mental Capacity Act 2005 (c.9)) to carry on the activities covered by the authorisation".

Operation of Public Service Vehicles (Partnership) Regulations 1986
     11. On the entry as to section 57(2) of the Public Passenger Vehicles Act 1981[13], in column 2 of Part 1 of the Schedule to the Operation of Public Service Vehicles (Partnership) Regulations 1986[14], for the words from "patient" to "Mental Health Act 1983", substitute "person who lacks capacity (within the meaning of the Mental Capacity Act 2005 (c.9)) to carry on the activities covered by the licence".

Insolvency Rules 1986
     12. —(1) The Insolvency Rules 1986[15] are amended in accordance with this paragraph.

    (2) In rule 4.214 (witness unfit for examination)—

    (3) In rule 6.174 (bankrupt unfit for examination)—

    (4) In the heading to Part 7 of Chapter 7, for "Persons Incapable of Managing their Affairs", substitute "Persons who Lack Capacity to Manage their Affairs".

    (5) In rule 7.43 (introductory)—

    (6) In paragraph 4.64 of Part 4 of Schedule 4, Forms Index (companies winding up)—

    (7) In paragraph 6.57 of Part 6 of Schedule 4, Forms Index (bankruptcy)—

    (8) For form 4.64 in Schedule 4 (forms), substitute the form in Schedule 2 (Part 1).

    (9) For form 6.57 in Schedule 4 (forms), substitute the form in Schedule 2 (Part 2).

Non-contentious Probate Rules 1987
     13. —(1) Rule 31 (grant to attorneys) and 35 (grants in case of mental incapacity) of the Non-contentious Probate Rules 1987[16] are amended in accordance with this paragraph.

    (2) For rule 31(3) substitute—

    (3) For rule 35, in the title, for the words "mental incapacity" substitute "lack of mental capacity".

    (4) In rule 35(1), for the words "incapable person" substitute "person who lacks capacity within the meaning of the Mental Capacity Act 2005".

    (5) In rule 35(2)—

    (6) In rule 35(4), for the words "incapable person", substitute "person who lacks capacity within the meaning of the Mental Capacity Act 2005".

Judicial Pension (Preservation of Benefits) Order 1988
     14. In Schedule 2 to the Judicial Pension (Preservation of Benefits) Order 1988[17], omit the reference to a Master of the Court of Protection except in the case of a person holding that office immediately before the commencement of this paragraph or who had previously retired from that office or died.

Judicial Pensions (Requisite Benefits) Order 1988
     15. In Schedule 2 (office) to the Judicial Pensions (Requisite Benefits) Order 1988[18], omit the reference to a Master of the Court of Protection except in the case of a person holding that office immediately before the commencement of this paragraph or who had previously retired from that office or died.

Church of England Pensions Regulations 1988
     16. —(1) Regulation 30 (payment of pensions in respect of persons suffering from mental disorder) of the Church of England Pensions Regulations 1988[19] is amended in accordance with this paragraph.

    (2) In paragraph (1)—

    (3) In paragraph (2)—

    (4) In paragraph (3)—

Savings Certificates Regulations 1991
     17. —(1) The Savings Certificates Regulations 1991[20] are amended in accordance with this paragraph.

    (2) In regulation 2(1) (interpretation), omit the entries for "mentally disordered person" and "receiver" and, in the appropriate alphabetical position, insert—

    (3) In regulation 4(2)(c) (persons entitled to purchase and hold certificates), for "mentally disordered person, by his receiver" substitute "person who lacks capacity, by his deputy".

    (4) In regulation 9 (repayment in case of persons under 7 years of age and mentally disordered persons)—

    (5) In regulation 10(1)(a) (repayment in case of certificate held by persons jointly)—

    (6) In regulation 18 (persons under disability)—

    (7) In regulation 33 (application to Scotland)—

    (8) In regulation 34 (application to Northern Ireland)—

    (9) In regulation 35(2) (application to the Isle of Man)—

    (10) In regulation 36 (application to the Channel Islands)—

    (11) In paragraph 2 of Part 1 of Schedule 1 (persons entitled to hold index-linked certificates to be purchased before 7th September 1981), for "receiver on behalf of and in the name of a mentally disordered person" substitute "deputy on behalf of and in the name of a person who lacks capacity".

Savings Certificates (Children's Bonus Bonds) Regulations 1991
     18. —(1) The Savings Certificates (Children's Bonus Bonds) Regulations 1991[21] are amended in accordance with this paragraph.

    (2) In regulation 2(1) (interpretation), omit the entries for "mentally disordered person" and "receiver" and, in the appropriate alphabetical position, insert—

    (3) In regulation 8(2) (repayment in case of persons under 16 years of age), for "mentally disordered person" substitute "person who lacks capacity".

    (4) In regulation 9 (repayment in case of mentally disordered persons)—

    (5) In regulation 15 (persons under disability)—

    (6) In regulation 29 (application to Scotland)—

    (7) In regulation 30 (application to Northern Ireland)—

    (8) In regulation 31(2) (application to the Isle of Man)—

    (9) In regulation 32 (application to the Channel Islands)—

Judicial Pensions (Transfer Between Judicial Pension Schemes) Regulations 1995
     19. In Schedule 2 (existing judicial scheme judicial offices included in each arrangement) to the Judicial Pensions (Transfer Between Judicial Pension Schemes) Regulations 1995[22], under the cross-heading "District Judiciary Scheme", omit the reference to a Master of the Court of Protection except in the case of a person holding that office immediately before the commencement of this paragraph or who had previously retired from that office or died.

Judicial Pensions (Additional Voluntary Contributions) Regulations 1995
     20. In Schedule 4 (existing judicial scheme judicial offices included in each arrangement) to the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995[23], under the cross-heading "District Judiciary Scheme", omit the reference to a Master of the Court of Protection except in the case of a person holding that office immediately before the commencement of this paragraph or who had previously retired from that office or died.

Goods Vehicles (Licensing of Operators) Regulations 1995
     21. —(1) Regulations 29 (partnerships) and 31 (continuance of licence on death, bankruptcy etc) of the Goods Vehicles (Licensing of Operators) Regulations 1995[24] are amended in accordance with this paragraph.

    (2) In regulation 29(11)(b), for the words from "patient" to "Mental Health Act 1983", substitute "person who lacks capacity (within the meaning of the Mental Capacity Act 2005 (c.9)) to carry on the activities covered by the licence".

    (3) In regulation 31—

Landfill Tax Regulations 1996
     22. For regulation 33(1C)(a) (bodies eligible for approval) of the Landfill Tax Regulations 1996[25], substitute—

Family Law Act 1996 (Allocation of Proceedings) Order 1997
     23. In article 8(2)(b) (transfer from family proceedings court to county court) of the Family Law Act 1996 (Allocation of Proceedings) Order 1997[26], for the words "a person who, by reason of mental disorder within the meaning of the Mental Health Act 1983, is incapable of managing and administering his property and affairs" substitute "a person lacking capacity within the meaning of the Mental Capacity Act 2005 (c.9) to conduct the proceedings".

General Chiropractic Council (Constitution and Procedure) Rules Order 1999
     24. In rule 2 (grounds of removal) of the General Chiropractic Council (Constitution and Procedure) Rules Order of Council 1999[27], in paragraph (1)(d) for "or is otherwise incapable, by reason of mental disorder, of properly managing his property or affairs", substitute "or lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9), to properly manage his property or affairs".

Health Service Medicines (Price Control Appeals) Regulations 2000
     25. In regulation 7 (appointment of tribunal) of the Health Service Medicines (Price Control Appeals) Regulations 2000[28], in paragraph (3)(b), for "incapacity" substitute "lack of capacity (within the meaning of the Mental Capacity Act 2005 (c.9))".

Ionising Radiation (Medical Exposure) Regulations 2000
     26. In regulation 7 (optimisation) of the Ionising Radiation (Medical Exposure) Regulations 2000[29]—

Carers (Services) and Direct Payments (Amendment) (England) Regulations 2001
     27. For regulation 2(2) (services of an intimate nature and prescribed circumstances) of the Carers (Services) and Direct Payments (Amendment) (England) Regulations 2001[30], substitute—

Care Homes Regulations 2001
     28. —(1) The Care Homes Regulations 2001[31] are amended in accordance with this paragraph.

    (2) In regulation 2 (interpretation), in paragraph (1), in the appropriate alphabetical position, insert—

    (3) In regulation 13 (further requirements as to health and welfare), for paragraph (7) substitute—

Private and Voluntary Health Care (England) Regulations 2001
     29. —(1) The Private and Voluntary Health Care (England) Regulations 2001[32] are amended in accordance with this paragraph.

    (2) In regulation 2 (interpretation)—

    (3) In regulation 9 (policies and procedures), in paragraph (3)—

    (4) In regulation 16 (care and welfare of patients), in paragraphs (1) and (3), after "so far as practicable," insert "(and, where the person lacks capacity, in accordance with the principles of the 2005 Act)".

    (5) In regulation 35 (resuscitation), in paragraph (2)—

    (6) In regulation 37 (surgical procedures)—

Domiciliary Care Agencies Regulations 2002
     30. —(1) The Domiciliary Care Agencies Regulations 2002[33] are amended in accordance with this paragraph.

    (2) In regulation 2 (interpretation), in paragraph (1), in the appropriate alphabetical position, insert—

    (3) In regulation 14 (arrangements for the provision of personal care), for paragraph (10) substitute—

Land Registration Rules 2003
     31. —(1) Rule 61 (documents executed by attorney) of, and Schedule 3 (forms referred to in rule 206) to, the Land Registration Rules 2003[34] are amended in accordance with this paragraph.

    (2) In rule 61—

    (3) In Schedule 3—

National Health Service (Travel Expenses and Remission of Charges) Regulations 2003
     32. In regulation 7 (claims to entitlement) of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003[35], for paragraph (3), substitute—

Child Trust Funds Regulations 2004
     33. In regulation 33A(2) (the official solicitor or accountant of court to be the person who has the authority to manage an account) of the Child Trust Funds Regulations 2004[36], in Condition 4—

National Health Service (Complaints) Regulations 2004
     34. In regulation 8 (person who may make complaints) of the National Health Service (Complaints) Regulations 2004[37]—

Commonhold Regulations 2004
     35. —(1) In the table of contents in Schedule 2 (articles of association) to the Commonhold Regulations 2004[38], under the heading "Votes of Members", for the words "Entitlement to vote – Mental Incapacity[e]" substitute "Entitlement to vote – lack of mental capacity".

    (2) In the title to article 29 of Schedule 2 (articles of association) to the Commonhold Regulations 2004, for the words "mental incapacity" substitute "lack of mental capacity".

    (3) In article 29 of Schedule 2 (articles of association) to the Commonhold Regulations 2004, for each reference to "receiver" substitute a reference to "deputy".

Adult Placement Schemes (England) Regulations 2004
     36. —(1) The Adult Placement Schemes (England) Regulations 2004[39] are amended in accordance with this paragraph.

    (2) In regulation 2 (interpretation), in the appropriate alphabetical position, insert—

    (3) In regulation 17 (carer agreements), for paragraph (2)(e) substitute—

    (4) In regulation 19 (adult placement carer handbook), for paragraph (3)(c) substitute—

Damages (Variation of Periodical Payments) Order 2005
     37. For article 3(d) (defendant's financial resources) of the Damages (Variation of Periodical Payments) Order 2005[40], substitute—

Disability Discrimination (Service Providers and Public Authorities Carrying Out Functions) Regulations 2005
     38. In regulation 3(b) (circumstances in which mental incapacity justification does not apply) of the Disability Discrimination (Service Providers and Public Authorities Carrying Out Functions) Regulations 2005[41], for the words "functions conferred by or under Part 7 of the Mental Health Act 1983", substitute "being a deputy appointed by the Court of Protection".

Disability Discrimination (Private Clubs etc) Regulations 2005
     39. —(1) In regulation 3(b) (circumstances in which mental incapacity justification does not apply) of the Disability Discrimination (Private Clubs etc) Regulations 2005[42], for the words "functions conferred by or under Part 7 of the Mental Health Act 1983", substitute "being a deputy appointed by the Court of Protection".

    (2) In regulation 13(3)(b) (duty of associations to make adjustments: justification) of these regulations, for the words "functions conferred by or under Part 7 of the Mental Health Act 1983", substitute "being a deputy appointed by the Court of Protection".

Disability Discrimination (Premises) Regulations 2006
     40. In regulation 2(b) (circumstances in which mental incapacity justification does not apply) of the Disability Discrimination (Premises) Regulations 2006 [43], for the words "functions conferred by or under Part 7 of the Mental Health Act 1983", substitute "being a deputy appointed by the Court of Protection".



SCHEDULE 2 – Amendments to forms in Schedule 4 (Forms) of the Insolvency Rules 1986: form 4.64 and form 6.57
Part 1 – new form 4.64



Click here to view Image 1 of 2


Part 2 – new form 6.57



Click here to view Image 2 of 2




EXPLANATORY NOTE

(This note is not part of the Order)


This Order makes amendments that are transitional and consequential upon the Mental Capacity Act 2005 ("the Act") coming into force.

Article 3 of this Order provides a transitional provision for proceedings begun in the High Court before 1 October 2007 in relation to the personal welfare of adults who lack mental capacity. This article ensures that the High Court's inherent jurisdiction is preserved in relation to these proceedings, and provides that such proceedings may continue to be dealt with in the High Court and determined under the High Court's inherent jurisdiction.

Article 4 of this Order makes a transitional provision for the purpose of giving full effect to the provisions of Part 2 of the Act.

Section 46 of the Act makes provision for certain types of judges to be nominated to exercise the jurisdiction of the Court of Protection, and for one of those nominated judges who is a district or circuit judge to be Senior Judge of the Court of Protection.

Article 4 provides that the person who holds the office of the Master of the former Court of Protection immediately before the commencement of Part 2 of the Act is to be treated, immediately after its commencement, as being a circuit judge nominated under section 46(1) of the Act to exercise the jurisdiction of the Court of Protection created by section 45(1), and as having been appointed the Senior Judge of the Court of Protection.

Article 5 of this Order gives effect, in certain circumstances, to advance decisions refusing life-saving treatment, notwithstanding they do not comply with all the requirements set out in section 25 of the Mental Capacity Act. The requirements set out in section 25(5)(a) and (6)(b) to (d) of the Mental Capacity Act 2005 (requirements for a written, signed and witnessed statement that the advance decision is to apply even where life is at risk and the requirement that the advance decision is signed and witnessed) do not need to be satisfied and the advance decision shall be treated as valid and applicable where a person providing healthcare for a person ("P") reasonably believes that P made an advance decision refusing life-sustaining treatment before 1 October 2007 and that, since that date, P has lacked the capacity to alter the advance decision in order to comply with those requirements. The advance decision must be in writing and be valid and applicable as described in section 25(2) to (4) of the Mental Capacity Act.

Article 6 and Schedule 1 of this Order make minor and consequential amendments to other legislation.


Notes:

[1] 2005 c.9.back

[2] Having been appointed to that office in accordance with section 89(1) of, and Schedule 2 to, the Supreme Court Act 1981 (c.54).back

[3] S.I. 1930/106, amended by S.I. 1960/1985; there are other amending instruments but none are relevant.back

[4] S.I. 1969/1342, to which there are amendments not relevant to this Order.back

[5] S.I. 1972/71, to which there are amendments not relevant to this Order.back

[6] S.I. 1972/764, amended by S.I. 1984/9; there are other amending instruments but none are relevant.back

[7] S.I. 1972/765, amended by S.I. 1972/765, 1991/1337; there are other amending instruments but none are relevant.back

[8] S.I. 1976/2012, amended by S.I. 1989/2046; there are other amending instruments but none are relevant.back

[9] S.I. 1981/1694, amended by S.I. 2003/1113; there are other amending instruments but none are relevant.back

[10] S.I. 1983/942, to which there are amendments not relevant to this Order.back

[11] S.I. 1984/779, to which there are amendments not relevant to this Order.back

[12] S.I. 1986/1078, amended by S.I. 1992/422 and S.I. 2003/2096; there are other amending instruments but none are relevant.back

[13] 1981 c.14.back

[14] S.I. 1986/1628, to which there are amendments not relevant to this Order.back

[15] S.I. 1986/1925, amended by S.I. 1987/1919; there are other amending instruments but none are relevant.back

[16] S.I. 1987/2024, amended by S.I. 1991/1876, S.I. 1991/1876 and S.I. 1998/1903; there are other amending instruments but none are relevant.back

[17] S.I. 1988/1418, amended by S.I. 1990/2484; there are other amending instruments but none are relevant.back

[18] S.I. 1988/1420, amended by S.I. 1990/2484; there are other amending instruments but none are relevant.back

[19] S.I. 1988/2256, amended by Pensions Measure 1997 (No. 1); there are other amending instruments but none are relevant.back

[20] S.I. 1991/1031, amended by S.I. 2005/2078, S.I. 2005/445, S.I. 1992/3115; there are other amending instruments but none are relevant.back

[21] S.I. 1991/1407, amended by S.I. 2005/2078 and S.I. 2005/445; there are other amending instruments but none are relevant.back

[22] S.I. 1995/636, amended by S.I. 1998/1658 and S.I. 2005/2506; there are other amending instruments but none are relevant.back

[23] S.I. 1995/639, amended by S.I. 1998/1658 and S.I. 2005/2506; there are other amending instruments but none are relevant.back

[24] S.I. 1995/2869, amended by 2003/2096 and S.I. 1996/2186; there are other amending instruments but none are relevant.back

[25] S.I. 1996/1527, amended by S.I. 1999/3270; there are other amending instruments but none are relevant.back

[26] S.I. 1997/1896, to which there are amendments not relevant to this Order.back

[27] S.I. 1999/1537.back

[28] S.I. 2000/124, to which there are amendments not relevant to this Order.back

[29] S.I. 2000/1059, to which there are amendments not relevant to this Order.back

[30] S.I. 2001/441, to which there are amendments not relevant to this Order.back

[31] S.I. 2001/3965, to which there are amendments not relevant to this Order.back

[32] S.I. 2001/3968, to which there are amendments not relevant to this Order.back

[33] S.I. 2002/3214, to which there are amendments not relevant to this Order.back

[34] S.I. 2003/1417, to which there are amendments not relevant to this Order.back

[35] S.I. 2003/2382, to which there are amendments not relevant to this Order.back

[36] S.I. 2004/1450, amended by S.I. 2004/3382; there are other amending instruments but none are relevant.back

[37] S.I.2004/1768; to which there are amendments not relevant to this Order.back

[38] S.I. 2004/1829.back

[39] S.I. 2004/2071, to which there are amendments not relevant to these Regulations.back

[40] S.I. 2005/841, to which there are amendments not relevant to this Order.back

[41] S.I. 2005/2901.back

[42] S.I. 2005/3258.back

[43] S.I. 2006/887.back


[a] Amended by Correction Slip. Page 8, Schedule 1, paragraph 9(5)(b), line one: “…mentally disordered person,…” should read, “…mentally disordered person shall be made…”; back

[b] Amended by Correction Slip. Page 8, Schedule 1, paragraph 9(5)(b), line two: “…lacks capacity,…” should read, “…lacks capacity shall be made…”; back

[c] Amended by Correction Slip. Page 11, Schedule 1, paragraph 17(5)(b) should read: “for “receiver” substitute “deputy”.”; back

[d] Amended by Correction Slip. Page 14, Schedule 1, paragraph 21(3)(b), line one: “…for the words from “patient” to “Mental Health Act 1983”, substitute…” should read, “…for “patient” substitute…”; back

[e] Amended by Correction Slip. Page 18, Schedule 1, paragraph 35(1), line three: “…Mental Capacity”…” should read, “…Mental Incapacity”…”; and back

[f] Amended by Correction Slip. Page 18, Schedule 1, paragraph 36(4), in the substituted regulation 19(3)(c), line one: “specifies that a service user…” should read, “that a service user…”. back



ISBN 978 0 11 077751 1


 © Crown copyright 2007

Prepared 10 July 2007


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